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PROPOSED RULES

(6)Where the Division conducts a test on the vapor control system, it shall be without compensating the owner or operator of the facility for any lost revenues incurred due to the testing procedure.
(g)  Referenced documents.  EPA-450/3-91-022b, "Technical Guidance - Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities, Volume II: Appendices", November 1991, cited in this Rule is hereby incorporated by reference and does not include subsequent amendments or editions.  A copy of this document is available for inspection at the Regional Offices of the North Carolina Department of Environment and Natural Resources (Addresses are given in Rule .0103 of this Subchapter).  Copies of this document may be obtained through the Library Services Office (MD-35), U.S. Environmental Protection Agency, Research Triangle Park or National Technical Information Services (NTIS), 5285 Port Royal Road, Springfield VA 22161.  The NTIS number for this document is PB-92132851, and the cost is fifty-two dollars ($52.00).

Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B-21.6.

15A NCAC 02D .0954STAGE II VAPOR RECOVERY

(a)  Applicability. In accordance with Paragraphs (e), (f), or (g) of Rule .0902 of this Section, this Rule applies to the control of gasoline vapors at the vehicle fill-pipe during refueling operations at a facility. The vapors shall be captured and returned to a vaportight underground storage tank or shall be captured and destroyed. These systems shall be installed at all facilities that dispense gasoline to motor vehicles unless exempted under Paragraph (b) of this Rule.
(b)  Exemptions. The following gasoline dispensing facilities are exempt from this Rule based upon the previous two years records:
(1)any facility which dispenses less than 10,000 gallons of gasoline per calendar month;
(2)any facility which dispenses less than 50,000 gallons of gasoline per calendar month and is an independent small business marketer of gasoline;
(3)any facility which dispenses gasoline exclusively for refueling marine vehicles, aircraft, farm equipment, and emergency vehicles; or
(4)any tanks used exclusively to test the fuel dispensing meters.
Any facility that ever exceeds the exemptions given in Subparagraphs (1), (2), (3) or (4) in this Paragraph shall be subject to all of the provisions of this Rule in accordance with the schedule given in Subparagraph (f) of this Rule, and shall remain subject to these provisions even if the facility's later operation meets the exemption requirements.
(c)  Proof of Eligibility. The burden of proof of eligibility for exemption from this Rule is on the owner or operator of the facility. Persons seeking an exemption from this Rule shall maintain the following:
(1)chronologically arranged bills of lading for receipt of gasoline shipments from the last three years, and
(2)daily inventory of each gasoline type for each day of operation or equivalent records as required; this shall be maintained for the last three years.
These records shall be furnished to the Director upon request.
(d)  Definitions. For the purpose of this Rule, the following definitions apply:
(1)"CARB" means the California Air Resources Board.
(2)"Certified STAGE II Vapor Recovery System" means any system certified by the California Air Resources Board as having a vapor recovery or removal efficiency of at least 95 percent by weight.
(3)"Defective equipment" means any absence, disconnection, or malfunction of a Stage II vapor recovery system component which is required by this Rule including the following:

(A)a vapor return line that is crimped, flattened or blocked or that has any hole or slit that allows vapors to leak out;

(B)a nozzle bellows that has any hole or tear large enough to allow a 1/4 inch diameter cylindrical rod to pass through it or any slit one inch or more in length;

(C)a nozzle face-plate or cone that is torn or missing over 25 percent of its surface;

(D)a nozzle with no automatic overfill control mechanism or an inoperable overfill control mechanism;

(E)an inoperable or malfunctioning vapor processing unit, vacuum generating device, pressure or vacuum relief valve, vapor check valve or any other equipment normally used to dispense gasoline, or that is required by this Rule; or

(F)a failure to meet the requirements of Paragraph (g) of this Rule.

(4)"Facility" means any gasoline service station, gasoline dispensing facility, or gasoline cargo tanker.
(5)"ISBM" means independent small business marketer.
(6)"Independent Small Business Marketer of Gasoline" means a facility that qualifies under Section 324 of the Federal Clean Air Act.
(7)"Operator" means any person who leases, operates, controls, or supervises a facility at which gasoline is dispensed.
(8)"Owner" means any person who has legal or equitable title to the gasoline storage tank at a facility.

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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